When three police officers testified for the prosecution in the Last Place on Earth drug trial on Wednesday, they spent more time fielding questions from defense attorneys than they did from prosecutors.

As the U.S. attorneys attempted to show that the downtown Duluth head shop regularly sold illegal synthetic drugs, the five-member defense team appeared to have them matched step-for-step.

Much of the day’s testimony focused on several controlled purchases made at the shop by Hermantown police officer Jon Esterbrooks, a former member of the Lake Superior Drug and Gang Task Force.

Esterbrooks told the jury that he went undercover to purchase the controversial products at the store five times in 2011. The jury viewed several videos that were secretly filmed by Esterbrooks as he was in the store. Several of the videos depict Gellerman and other employees answering the officer’s questions about products and offering recommendations.

Esterbrooks testified that he was asked to make the buys so the products could be tested for illegal compounds. Several of the products later tested positive when examined by Minnesota Bureau of Criminal Apprehension scientists, he said. On the same day as his final controlled buy, Sept. 21, 2011, officers later raided the shop and seized products, money and firearms.

The officer testified that on several occasions he asked if the products were legal, and employees ensured him that they were because any chemicals that had been outlawed had been replaced. He said he was also assured that the drugs would not be detected if he had to take a urine test for work.

Defense attorneys used those points to assert their claims that the defendants believed at all times that the products they were selling were fully legal. Attorneys have argued that the defendants openly sold the products and were never attempting to hide it.

Tigue pointed to a receipt that was placed into evidence, showing that Esterbrooks paid sales tax on his purchase.

“Have you ever met a drug dealer who charged sales tax?” Tigue asked.

“No,” Esterbrooks responded.

The officer also testified that during one of his purchases, a news photographer was in the store taking pictures of Carlson.

“So Mr. Carlson had the news media there recording all of this illegal activity that you claim was taking place at the Last Place on Earth?” defense attorney Charles Hawkins asked Esterbrooks.

“Yes,” he responded.

During the testimony of Esterbrooks and Duluth police Sgt. Andy Mickus, Tigue also brought into evidence lab reports that were included in every shipment of synthetics that the store received. The reports, conducted by laboratories certified by the Drug Enforcement Administration, contain a long list of controlled substances and indicate that those substances were not contained in the products.

Assistant U.S. Attorney Surya Saxena, however, questioned whether the products were ever really tested for every controlled substance.

“The reports indicate what the product does not contain, but have you ever found a lab report detailing the chemicals that a product does contain?” Saxena asked Mickus.

“No, I have not,” Mickus responded.

To reach a guilty verdict, the prosecution must prove beyond a reasonable doubt that the defendants knowingly conspired to sell analogues — drugs substantially similar to controlled substances in chemical make-up and effects.

The defense has argued that Carlson and his employees went to great lengths to keep the store’s inventory legal, and say that the DEA did not set clear standards for what constitutes an analogue.

Wednesday’s testimony also included downtown Duluth community officer Nick Lepak, who testified about public nuisance issues he observed as the store increased its synthetics sales. James Cahill, an employee of neighboring business ShelDon, also testified about his deteriorating relationship with Carlson and the business over several years.

The prosecution will continue to call witnesses when the trial resumes Thursday.

As you comment, please be respectful of other commenters and other viewpoints. Our goal with article comments is to provide a space for civil, informative and constructive conversations. We reserve the right to remove any comment we deem to be defamatory, rude, insulting to others, hateful, off-topic or reckless to the community. See our full terms of use here.

More in News

St. Paul Public Schools has established a where anyone can donate money to pay off anonymous students’ overdue lunch accounts. The district said it’s a response to a social media campaign that caused many people to call the district asking how they can give. Families in the district owe nearly $28,000 on school lunches. All district schools provide free breakfasts and most offer...

Weekend snow is on tap for much of southern Minnesota and western Wisconsin, with 3 to 6 inches expected in the Twin Cities and more elsewhere. The snow will be followed next week by the season’s first subzero temperatures. According to the National Weather Service, a slow-moving low pressure system will spread snow into western Minnesota on Saturday morning and...

Hennepin County Medical Center in downtown Minneapolis is planning to reduce its workforce by as much as 4 percent next year. The hospital plans to eliminate up to 275 full-time positions to balance the budget and keep the opening of a $220 million ambulatory and outpatient surgery center on schedule for 2018, the Minneapolis Star Tribune reported. The hospital’s workforce...

Two construction companies have agreed to pay a combined $147,500 in fines over safety violations in the death of one worker and injuries to another during construction of the Minnesota Vikings’ new stadium in downtown Minneapolis last year. Berwald Roofing is paying $113,200 for three violations, while Mortenson is paying $34,300 for one violation. The penalties are lower than Minnesota’s...

Larry Stanger, the Inver Grove Heights police chief who has been on paid leave since April while being investigated for alleged wrongdoing, will resign as part of a separation agreement reached between him and the city. The city council is scheduled to consider approving the agreement at its regularly scheduled meeting Monday. City Administrator Joe Lynch and City Attorney Tim...

St. Paul police are investigating a case of possible embezzlement at Town and Country Club. Police were notified of the matter on Monday and an investigator met with representatives of the club, said Steve Linders, a St. Paul police spokesman. A brief police report indicates the incident of possible embezzlement began in January 2010 and ended Dec. 2. Police are...